BURKE v. LEON COUNTY SHERIFF OFFICE et al
| KALEN SKYLER BURKE |
| DUSTIN MOORE and LEON COUNTY SHERIFF'S OFFICE |
| 4:2022cv00111 |
| March 15, 2022 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| MARK E WALKER |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 27, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 5
REPORT AND RECOMMENDATION: It is respectfully RECOMMENDED that Plaintiff's complaint, ECF No. #1 , be DISMISSED without prejudice because it is an impermissible shotgun pleading, certain claims are barred by the Younger abstention doctrine, and for failure to comply with court orders pursuant to Fed. R. Civ. P. 41(b) and N.D. Fla. Loc. R. 41.1. See also Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) ("While dismissal is an extraordinary remedy, dismissal upon disregard of an order, especially where the litigant has been forewarned, generally is not an abuse of discretion.") Finally, it is also recommended that the case be CLOSED and that the Order adopting this Report and Recommendation direct the Clerk of Court to note on the docket that this cause was dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 04/27/2022. Internal deadline for referral to district judge if objections are not filed earlier: 5/25/2022. (tpm)
|
|
Filing 4
ORDER: Plaintiff's motion to proceed in forma pauperis, ECF No. #2 , is DENIED without prejudice. The Clerk of Court shall provide Plaintiff with a civil rights complaint form and an in forma pauperis application packet for use by a prisoner. Plaintiff shall have until 4/18/2022, to file the in forma pauperis application along with his inmate account statement detailing all transactions for the past six months, or alternatively, pay the $402 filing fee, and to file the amended complaint if he desires to continue with the case. Plaintiff must complete a new civil rights complaint form, marking it as "amended complaint" and "Case No. 4:22-CV-00111-MW-MAF." If Plaintiff no longer seeks to proceed with this case, he should file a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a) by 4/18/2022. The Clerk of Court shall return this case upon Plaintiff's compliance with this Order or no later than 4/18/2022. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 03/18/2022. (tpm) (Forms provided as instructed) Modified on 3/23/2022 (tpm).
|
| Filing 3 Notice to Pro Se (tpm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 Complaint, #2 MOTION for Leave to Proceed in forma pauperis. Referred to MARTIN A FITZPATRICK. (tpm) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by KALEN SKYLER BURKE. (tpm) |
| Filing 1 COMPLAINT against All Defendants, filed by KALEN SKYLER BURKE. (tpm) (No service copies provided. Fees NOT paid / IFP pending.) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
